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(영문) 울산지방법원 2016.11.25 2015가단52960
토지
Text

1. As to each land indicated in the separate sheet on April 30, 2010 between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts

A. The relationship between the parties (1) Plaintiff A and B is between husband and wife, and the Plaintiffs completed the registration of ownership transfer as co-owners with respect to the 1/2 share of each of the 1/2 shares in Ulsan District Court No. 108369, Oct. 22, 2002, Ulsan District Court No. 108369, Jun. 18, 2002, with respect to the 6294m2 of Ulsan-gun-gun

(2) In the meantime, the pertinent land of the Ulsan-gun, Ulsan-gun, the Plaintiffs shared is divided into 16 lots, including each land listed in the separate sheet (hereinafter “each land of this case”), and part of which was developed into the site for electric source, and at the time, the construction corporation for the site for electric source was developing into the site for electric source, and G, which was the F Co., Ltd. operated by E and its model.

(3) Plaintiff A’s birth, around 2010, engaged in a licensed real estate agent’s business under the trade name “I”. At the time, the Defendant was in alliance with E, and is in the same relationship with G, a type of punishment of the above E.

B. (1) On April 30, 2010, the Plaintiffs concluded a sales contract on each of the instant lands with the Defendant, and the sales price was KRW 1.5 million. However, the Plaintiffs agreed to pay KRW 40 million at the time of the contract, ② an intermediate payment of KRW 12.5 million at the time of the contract, ② an intermediate payment of KRW 12.5 million at the time of the contract, ③ the remainder of KRW 52.5 million at the time of the completion of civil works.

(2) At the time of the instant sales contract, the Plaintiffs and the Defendant set forth the special agreement as follows. (3) At the time of the instant sales contract, the Plaintiff and the Defendant set forth:

J Transfer after the building permit.

The cost of civil works shall be borne by F.

The buyer shall pay any balance to the seller after completing the authorization and permission.

C. The Defendant, after the instant sales contract, remitted KRW 50 million to the bank account of the F Co., Ltd. registered as an intra-company director on May 7, 2010.

(2) On the other hand, the Plaintiff A received the remittance of the remitter’s name to his financial account on the same day as the Defendant.

(3) Subsequent to June 4, 2010, the defendant is entitled to the above G.

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